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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47623
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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The company I have just left does not pay holiday pay in the

Resolved Question:

The company I have just left does not pay holiday pay in the event of someone leaving. I was not aware of this, but it was in my contract. My line manager did not make me aware of the policy and as a result I did not take the 9.6 hours owing to me (I was part-time). I realised on my last day, by which time it was too late to take the hours. My line manager is refusing to answer my emails to resolve this, although I was told then would pay. Do they have to pay me?
thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When did you leave and are we talking about your minimum holiday entitlement by law or additional contractual holidays? Please note I am
Ben Jones : in meetings right now so there may be a slight delay in responding. Thanks
Customer:

February 28th 2014, and yes it is my minimum holiday entitlement.

Ben Jones :

Many thanks for your patience. What the company is doing is illegal. It does not matter how you have left, whether you resign, were made redundant or sacked, even for gross misconduct. Any accrued holidays for the current holiday year are a legal entitlement and you are legally due to be paid for them when you leave, regardless of the reason for leaving. The employer cannot remove the right to receive these holidays. As long as you have accrued holidays that have not been taken at the time you leave, the employer must pay you for these. If they did not want you to leave with outstanding holidays they have the power to force you to take these holidays at any time before you leave, including as part of your notice period. However, if they have not told you that you are to take them and you have not taken them and they remain outstanding, then you must be paid for them when you leave. If they refuse to pay you then it would amount to an unlawful deduction from wages and you can make a claim in the employment tribunal to recover what you are owed.

Customer:

many thanks, Ben !

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